“Advocate” is the person with the functions of defence, including: the person held in custody, accused, defendants, the defense counsel, plaintiffs; lawful representatives and defense counsels of interests...
Can the defendant's defense lawyer defend other defendants, or can they defend both the defendant and the victim?
Update: 5/11/2023 | 11:34:40 PM - Dragon Law Firm
If the defendants have no opposing rights in the same criminal case, the defense lawyer can defend multiple defendants.
Question: Can the defendant's defense lawyer defend other defendants, or can they defend both the defendant and the victim? What is a guiding document? Please refer to this text specifically.
Answer:
Pursuant to Point a, Clause 1, Article 9 Law on Lawyers 2006, amended and supplemented in 2012:
“Article 9. Prohibited acts
1. Lawyers are prohibited from committing the following acts:
a/ Providing legal services to clients who have conflicting interests in the
same criminal, civil or administrative case, or in a civil matter or another
matter (below collectively referred to as cases and matters) as prescribed
by law;”
Therefore, if the defendants have no opposing rights in the same criminal case, the defense lawyer can defend multiple defendants.
For the defense lawyer of the defendant, in the same criminal case, the defendant and the victim in this case are parties to a conflict of interest, so it is impossible to protect rights and legitimate interests of the victim.
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